HomeMy WebLinkAboutO-2783 - Condemnation, appropriation, taking and damaging of property (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.d-.-78'·3>
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
AUTHORIZING THE CONDEMNATION, APPROPRIATION, TAKING AND
DAMAGING OF LAND AND OTHER PROPERTY FOR THE CONSTRUCTION
OF INGRAHAM BOULEVARD BETWEEN 67TH AVENUE NE AND 74TH DRIVE
NE.
WHEREAS, the City Council of the City ofMarysville (hereinafter the "City") finds as
follows:
1. Public safety, convenience, use and necessity demand the construction of
Ingraham Boulevard between 6ih Avenue NE and 74th Drive NE in order to provide an
additional east-west connection between Interstate 5 and State Route 9 and to meet access
requirements for Getchell High School.
2. The City has conducted engineering studies and has determined that it will be
necessary to acquire property for the street project as more specifically described in EXHIBIT
"A," attached hereto and incorporated herein by this reference.
3. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Fund No. 305 (GMA-Street)
or such other funds of the City as may be provided by law.
4. The City and the property owner have been unable to agree upon the
compensation to be paid for the EXHIBIT"A" property.
5. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title to real
property for public purposes.
6. Notice of this action has been duly given as required by RCW 8.25.290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
1. The City is hereby authorized to condemn, appropriate, take and damage the real
property located described in EXHIBIT"A" and depicted in EXHIBIT "B" hereto.
M-09-065 Fisher/Ingraham Blvd/Ordinance 1
2. The use of the property described in EXHIBIT "A" is for construction of
Ingraham Boulevard, which is a permanent public use and is reasonably necessary for the
purposes for which it is sought.
3. All lands, rights, privileges and other property lying within the limits of the land
described in EXHIBIT"A" are hereby condemned, appropriated, taken and damaged for the
purpose of constructing Ingraham Boulevard. All lands, rights, privileges and other properties
are to be taken, damaged and appropriated only after just compensation has been made, or paid
into the court for the owners thereof in the manner provided by law.
4. The cost ofthe acquisition provided for by this ordinance shall be paid by the
following funds ofthe City:
Fund No. 305 (GMA-Street)
or such other funds as may be provided by law.
5. The City's attorneys should be and hereby are authorized and directed to begin and
prosecute the actions and proceedings in a manner provided by law to carry out the provisions of
this ordinance, and to enter into settlements to mitigate damages.
PASSED by the City Council and APPROVED by the Mayor this ;).:~ day of July,
2009.
CITY OF MARYSVILLE
By~et;/~
MAYOR
Approved as to form:
BY/J~C~
, CITY ATTORNEY
Date of Publication: '7h.tj 10 j
I '
Effective Date (5 days after publication): _-=-~-IL",-~~~,---,O'=----lSL'_I I
M-09-065 Fisher/Ingraham Blvd/Ordinance 2
EXHIBIT "Au
CITY OF MARYSVILLE
88TH ST NE
RIW TAKE AREA-FISHER PARCEL
Roth Hill Engineering Partners
February 11,2009
That portioo of the following described real property:
Prop~(ty Descripfion
\..Qt 4, Emeralq Farms AdditiOn, according to the Plat thereof recorded in
Vplume36 ofPlats, Page 26, repords ofSnohomish County,Washington.
Situate in the Countydf Snohomish,' St9te of Washington.
further described as follows:
Take Area Description:
Thatponibnofjhe9bove-described real property further described as follows:
BeQihning atthe southeast corner-thereof;
"thence .nq(fheasterly .along the easterly property line of said Lot 4 North 04'12'44~j
Ea,st i9,32 feef, more or less; to the beginning of a non.,tangent curve concave to the
ri.onhwesthaving a radius of 660.00 feet, said curve being ooncentric with and
di$faht40.DOfeetnortherly from the centerline of 8ath St NE, center of said curve
jbearing Nqrtb09'Q$2'50 ,West;
theQcesoufhwesteriyalong sefid curve to the fight through a central angle of
Oy"'03'32'" ,an arc distance of81.31 feet, more or less, to the southerly property line
ofsaid Lot 4; .
Thence southe'asterly along said southerly property line South 87"55'29" East 55.27
feet.. more or less,to the Point of Beginning.
Situate in the Oounty of Snohomish, State of Washington.
F:\OOOO\00467.000\ROW TAKING\ROW TAKE A-DRK-11 FEB09.DOC
EXHIBIT "B"
LOT 4
EMERALD FARMS AODIllON
00649700000<400
5'
EAST UNE Of "THE .WEST
FIVE-EIGHTHS OF THE S 1/2,
N 1/2, NW 1/4 SEC. 23
lRACT A TUSCANY
BEARING LENGTH
IL1 N04i2'44"E. 9.32'
IL2 S87'55'29"E 55,2i'
REFERENCES:
1) PLAT OF EMERALD FARMS ADDITION,RECOI:mED IN
VOLUME 36 QF PLATS, PAGE 26, RECORDING NO. 7608Gl20152.
RECORDS OF SNOHOMISH COUNTY, WASHINGTON .
2) PLAT OF TUSCANY, RECORDED IN VOLUME 61 OF PLATS.
PAGES 196-202, RECORDING NO. 9606065006, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON
30 0 30 60
...ma:::::llllUit:l'....==:::i'_=-I. 3) SNOHOMISH COUNTY BOUNDARy LINE ADJUSTMENT,
SCALE IN FEET RECQRDING NQ. 9603219001, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON
EASEMENT
AREA=235± sa.FT.
NE 1/4, NW 1/4, SEC 23, T 30 N., R 5 E., W.M.
CITY OF MARYSVILLE
88TH ST NE
RIGHT OF WAY TAKE AREA
Bellevue, Washington 98004l-l's':"'lCA:l"l'L[--rn:":'=~~---'IlII!":'=--""""I"!F'Il":IL£""'ll"l'Al'Il'"""------':I'!ll":'::oPI'I"'--t/wpf /mv/stat Te/425.869.9448 1"=60' F;~0000\00467\ LOD\EAS MJL
~ RothHili Englne~ers.LlC
2600 116th Avenue NE #100
WAC 458-61A-206 Condemnation proceedings. (1) Introduction. Transfers of real property
to a governmental entity under an imminent threat of the exercise of eminent domain, a court
judgment or settlement with a government entity based upon a claim of inverse condemnation, or
as a result of the actual exercise of eminent domain, are not subject to the real estate excise tax.
(2) Transfer must be to a governmental entity. To qualify for this exemption, the threat of
condemnation or the exercise of eminent domain must be made by a governmental entity with the
actual power to exercise eminent domain.
(3) Threat to exercise eminent domain must be imminent. To qualify for this exemption, the
governmental entity must have either filed condemnation proceedings against the seller/grantee; or:
(a) The governmental entity must have notified the seller in writing of its intent to exercise its
power of eminent domain prior to the sale; and
(b) The governmental entity must have the present ability and authority to use its power of
eminent domain against the subject property at the time of sale; and
(c) The governmental entity must have specific statutory authority authorizing its power of
eminent domain for property under the conditions presented.
(4) Inverse condemnation. Inverse condemnation occurs when the government constructively
takes real property even though formal eminent domain proceedings are not actually taken against
the subject property. The seller must have a judgment against the governmental entity, or a court
approved settlement, based upon inverse condemnation to claim the exemption.
(5) Examples. The following examples, while not exhaustive, illustrate some of the
circumstances in which a sale to a governmental entity mayor may not be exempt on the basis of
condemnation or threat of eminent domain. The status of each situation must be determined after a
review ofall the facts and circumstances.
(a) The Jazz Port school district wants to purchase property for a new school. An election has
been held to authorize the use of public funds for the purchase, and the general area for the site has
been chosen. In order to proceed, the district will need to obtain a five-acre parcel owned by the
Fairwood family. The district has been granted authority to obtain property by the use of eminent
domain if required. The district has notified the Fairwoods in writing of its intention to exercise its
powers of eminent domain if necessary to obtain the land. The Fairwoods, rather than allowing the
matter to proceed to court, agree to sell the parcel to the Jazz Port district. The school district will
use the parcel for construction of the new school. The conveyance from the Fairwoods to Jazz Port
school district is exempt from real estate excise tax because the transfer was made under the
imminent threat of the exercise of eminent domain.
(b) The Sonata City Parks Department has the authority to obtain land for possible future
development of parks. The department would like to obtain waterfront property for preservation
and future development. They approach Frankie and Chaz Friendly with an offer to purchase the
Friendlys' 20-acre waterfront parcel. The Parks Department does not have a current appropriation
for actual construction of a park on the site, and the City Council has not specifically authorized an
exercise of eminent domain to obtain the subject property. The conveyance from the Friendlys to
the city is subject to the real estate excise tax, because the transfer was not made under the
imminent threat of the exercise of eminent domain.
[Statutory Authority: RCW 82.32.300, 82.01.060(2), and82.45.l50 . 05-23-093, § 458-6IA-206,
filed 11/16/05, effective 12/17/05.]